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SUPREME COURT
Manila
SECOND DIVISION
DECISION
PERLAS-BERNABE, J.:
This is an appeal from the May 25, 2011 Decision1 of the Court of
Appeals (CA) in CA-G.R. CR No. 31320 which affirmed in toto the
December 11, 2007 Decision2
CONTRARY TO LAW.
When arraigned, appellant, assisted by counsel de oficio, entered a
plea of not guilty to the offense charged.11
Avenue when someone who was riding a motorcycle called him from
behind. Appellant approached the person, who turned out to be
PO3 de Leon, who then told him not to run, frisked him, and took
his wallet which containedP1,000.00.12
The CA Ruling
The Issue
The sole issue advanced before the Court for resolution is whether
the CA erred in affirming in toto the RTC’s Decision convicting
appellant of the offense charged.
xxx
Q: How far were you from this person that you said was verifying
something in his hand?
Q: After seeing what the man was doing, what did you do next?
Q: In the first place why do you say that what he was examining
and holding in his hand was a shabu?
A: Because of the numerous arrests that I have done, they were all
shabu, Ma’am.21 (Underscoring supplied)
Without the overt act that would pin liability against appellant, it is
therefore clear that PO3 de Leon was merely impelled to apprehend
appellant on account of the latter’s previous charge22 for the same
offense. The CA stressed this point when it said:
Thus, while it is true that the legality of an arrest depends upon the
reasonable discretion of the officer or functionary to whom the law
at the moment leaves the decision to characterize the nature of the
act or deed of the person for the urgent purpose of suspending his
liberty,30 it cannot be arbitrarily or capriciously exercised without
unduly compromising a citizen’s constitutionally-guaranteed right
to liberty. As the Court succinctly explained in the case of People v.
Tudtud:31
SO ORDERED.
ESTELA M. PERLAS-BERNABE
Associate Justice
WE CONCUR:
ANTONIO T. CARPIO
Associate Justice
Chairperson
ATTESTATION
ANTONIO T. CARPIO
Associate Justice
Chairperson, Second Division
CERTIFICATION
Footnotes
1Rollo, pp. 3-20. Penned by Associate Justice Amy C.
Lazaro-Javier, with Associate Justices Rebecca De Guia-
Salvador and Normandie B. Pizarro, concurring.
2CA rollo, pp. 14-22. Penned by Judge Edmundo T.
Acuna.
3Otherwise known as the Comprehensive Dangerous
Drugs Act of 2002.
4 TSN, May 8, 2007, pp. 2-4.
5 Id. at 5-7; TSN, July 3, 2007, p. 3.
6 Exhibit "E," folder of exhibits, p. 4.
7 Exhibit "A," folder of exhibits, p. 1.
8TSN, July 31, 2007, pp. 2-5; TSN, June 19, 2007, pp.
4-6.
9 Exhibit "C," folder of exhibits, p. 2.
10 Records, p. 2.
11 Id. at 10.
12 TSN, August 21, 2007, pp. 2-4.
13 Id. at 4-7.
14TSN, September 11, 2007, pp. 8-9. Exhibit "I," folder of
exhibits, p. 7.
15 TSN, August 21, 2007, pp. 8-9.
16Otherwise known as The Dangerous Drugs Act of
1972.
17 Rollo, p. 10.
18 Id.
19Valdez v. People, G.R. No. 170180, November 23, 2007,
538 SCRA 611, 624, citing People v. Tudtud, 458 Phil.
752, 775 (2003).
20People v. Cuizon, G.R. No. 109287, April 18, 1996, 256
SCRA 325, 341.
21 TSN, May 8, 2007, p. 3.
22 Exhibit "H," folder of exhibits, p. 8.
23 Rollo, p. 9.
24 See People v. Tudtud, supra note 19, at 773.
25Valdez v. People, supra note 19, citing People v. Lopez,
371 Phil. 852, 862 (1999).
26Id., citing People v. Shabaz, 424 Mich. 42, 378 N.W.2d
451 (1985).
27 State v. Nicholson, 188 S.W.3d 649 (Tenn. 2006).
28People v. Chua Ho San @Tsay Ho San, 367 Phil. 703,
717 (1999).
29Id., citing Joaquin G. Bernas, S.J., The Constitution of
the Philippines: A Commentary, 85 (1st ed. 1987).
30 People v. Ramos, 264 Phil. 554, 568 (1990).
31 Supra note 24, at 774.